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Thus it was within the knowledge of Shri P.C. Jain that the bills of Messrs Gupta Iron Industries were drawn on bogus firms and that those were retired by drawer's representative who accompanies Mr. P.C. Jain to Muzaffarnagar. Instead of reporting, such serious matters to higher authorities, Mr. P.C. Jain claims that he had never visited Muzaffarnagar.

2. Mr. P.C. Jain encashed on 25-2:60 cheque No. 400506 for Rs. 46,000/- from the United Bank of India Ltd., Chandni Chowk and brought cash to Naya Bazar after 11.30 a.m.i.e. after the time for presenting of the clearing cheques at the State Bank of India. To cover the misdeeds of Mr. Shiv Kumar Sharma the then Sub-Agent of Naya Bazar Office, Mr. P.C. Jain Treasurer's representative stated in his explanation dated 16-2-1961 that cash was received at the office at about 11 a.m.i.e. before the clearing time.

So far as the sixth element of the charge is concerned, that becomes totally immaterial when it is found that the Enquiry Officer's findings that the bills were drawn on bogus firms and that they were retired by the drawer's representative accompanying the respondent are held to have been given without any legal evidence. If the bills are not proved to have been drawn on bogus firms and to have been retired by the drawer's representative with the aid of the respondent, there was nothing that the respondent was required to convey to higher authorities. So far as the second charge is concerned, we find that, similarly, the principal findings given by the Enquiry Officer are not supported by any legal evidence. The substance of the charge was that the respondent encashed the cheque for Rs. 46,000' from the United Bank of India Ltd. and brought the cash after 11.30 a.m., but wrongly stated that he had brought the cash to the Naya Bazar Office of the Central Bank before 11 a.m. The significance of the time we emphasised by the Enquiry Officer because, according to him, 11 a.m. was the clearing time of another cheque of Rs. 15,000 which had been marked as "good for payment" by the then Sub-Agent, Shiv. Kumar Sharma and the respondent had to show that cash in respect of the other cheque of Rs. 46,000 had been brought to the Bank at Naya Bazar for deposit in the account of the Drawer of that cheque of Rs. 15,000 so as to justify the endorsement made by the Sub-Agent that it was 'good for payment'. We examined the whole record and we are unable to find any evidence at all in support of the fact accepted by the Enquiry Officer that the clearing time was 11 a.m. On the contrary, the only evi-